The Copper Frame (8 page)

After some delay, he was switched to a Detective Everett Cass.

“This is Acting Chief Saxon of the Iroquois, New York police,” he told the Erie detective. “Last night you turned Grace Emmet over to a Buffalo detective named Sergeant Harry Morrison.”

“Yeah. I was the one who picked her up.”

“Were you present when the transfer was made?”

“Sure. Had to be. I work days, but I had to come down to brief the Buffalo officer.”

“I see. What time was the transfer made?”

“Morrison showed up about nine
P.M
. He took off with the prisoner about nine-thirty.”

Saxon asked, “Did you get any impression that Morrison knew the prisoner personally?”

There was silence for a moment. Then Cass said, “That's a kind of funny question. What's this all about, anyway, Chief?”

“The sergeant and his prisoner stopped off here en route to Buffalo and there was a little trouble. It's too long a story to go into over the phone. I'd just like to know if you think he was acquainted with the prisoner before he picked her up.”

“Neither of them gave any indication of it,” Detective Cass said slowly. “What kind of trouble? She escape?”

“No. Far as I know, she's now safely jailed in Buffalo. It was just a wild idea I had. Thanks for the information.”

He hung up and sat musing for a few moments. So much for that idea. All he had accomplished was to verify Morrison's story and tighten the web about himself.

There was a knock on the door. When he called an invitation to enter, the door opened and District Attorney Arnold Kettle pushed his large stomach into the room. Unbuttoning his overcoat but not removing it, he seated himself with his hat in his lap and looked at Saxon with an expression of sadness.

“You look as if you had more bad news,” Saxon said.

“Afraid so. Doc Harmon phoned just as I was leaving home. The lab test was positive.”

Saxon gazed at him with his mouth open. “It couldn't be! They made a mistake.”

Kettle slowly shook his head. “Bruce says not. You can't argue with a microscope, Ted.”

“But it's absolutely impossible! I never touched the woman.”

The district attorney cocked one eyebrow. “Are you accusing Doc Harmon of being in on the conspiracy too?”

Saxon let his wide shoulders slump in defeat. After a long silence he said tonelessly, “So am I under arrest, Mr. District Attorney?”

A look of irritation formed on Kettle's face. “I don't know what you're sore about, Ted. If you weren't the chief of police and a lifelong friend of mine, you would have been in jail last night. You ought to appreciate the way you've been handled.”

He was being unfair, Saxon realized. There was no point in taking his resentment out on Kettle, who obviously had no liking for this distasteful job and was performing his duty solely because he had no choice. The man had leaned over backward to make it as easy as possible for Saxon.

“Sorry, Arn,” he said wearily. “Hereafter I'll try to aim my temper at the people who set me up. I have another bit of evidence for you to make the case against me even tighter. I just phoned Erie. Morrison told the truth about the time he left there with Grace Emmet. And a detective who witnessed the transfer says he noticed nothing to indicate they had ever seen each other before.”

The district attorney regarded him strangely. “Why are you telling me this?”

“Because, good or bad, I want the whole truth to come out. I'm not interested in eventual acquittal for lack of evidence.”

For a few moments the district attorney gazed down at the hat in his lap. Without looking up, he said tentatively, “Before I came in here, I stopped to talk to Vic Burns. He has a kind of interesting theory.”

“I heard it,” Saxon said shortly. “No, thanks.”

Kettle raised his eyes to look at him. “Forced rape is a felony, Ted. Actually, adultery is a crime too in this state, punishable with up to a year in prison, but I never heard of the law being enforced. If you could establish that it was her idea and she only yelled rape because Morrison caught you together, the worst that would probably happen would be a charge of misuse of your office.”

“You mean I could resign from the force,” Saxon said. “No, thanks. I have no intention of pleading guilty to a lesser offense when I'm not guilty of any. Can't you get it through your head that I didn't do
anything?”

The district attorney sighed. “Okay, Ted. You don't leave me much choice but to ask the grand jury for an indictment for first-degree rape.”

“Then I'm under arrest?”

Kettle moved his head back and forth wearily. “I'm going to stick my neck out. If you run, I'll have to resign as D.A., but I'm sure you won't. We'll hold off formal charges until tomorrow morning, so you'll be free to arrange bail. You be here at headquarters at nine
A.M
. to be booked. Then we'll immediately go upstairs to City Court for a preliminary hearing. I'm sure the judge will fix bail at the lowest amount he can under the law, because we're all as upset about having to do this to you as you are about having it done. Until a jury finds you guilty, if ever, I see no reason why you'll have to spend a single day in jail.”

In view of the fact that everyone seemed convinced of his guilt, he could hardly expect friendlier treatment than that, Saxon thought. He had always been a little impatient with the general belief that the equality of all persons under the law was a myth, but now he was confronted with evidence that it was. There was little doubt in his mind that if he had been Joe Nobody, factory worker, he would already be behind bars and would languish there until trial.

He was a little ashamed of himself for accepting this special treatment, but it would have required a degree of nobility rare in the history of human relations to insist on being jailed simply because others in the same position would have been. Particularly since he knew himself to be innocent.

“Thanks, Arn,” he said. “I do appreciate the way you're handling this.”

Saxon wasn't supposed to be on duty that day. He had come down solely to keep his appointment with Arnold Kettle. When the district attorney left, Saxon walked into the squad room and put on his coat and hat.

As he started past the desk, Vic Burns said, “Chief.”

“Yeah?” Saxon asked, pausing.

“The D.A. says we have to book you tomorrow.”

“Uh-huh.”

“You're going to need bail,” Burns said diffidently. “I only have a couple of thousand salted away, but you're welcome to it.”

Saxon's resentment at Burns's earlier suggestion as to what might have really happened in Grace Emmet's cell had left him a little cool toward the man. But now his coolness evaporated.

“Thanks, Vic,” he said. “But I'm sure I can arrange professional bond.”

He drove to the big lake-front home of outgoing Mayor Ben Foley.

Saxon found Foley and his wife in their bathrobes. They had just finished a late breakfast. Alice Foley excused herself to go upstairs and dress, leaving Saxon alone with her husband in the big front room.

The outgoing mayor looked at him keenly. “Something's wrong, Ted. What is it?”

“You haven't heard?” Saxon asked with raised brows.

“Heard what? We haven't been out of the house.”

Saxon told the whole story.

When he finished, Foley regarded him shrewdly. “Have you told Emily?”

“Of course,” Saxon said. “I drove over to the hospital last night as soon as I got away from headquarters. She was on night duty.”

“How'd she take it?”

“She was madder than I was. Not at me. At the people who rigged this.”

Foley gave a satisfied nod. “Then I guess you're as innocent as you claim.”

Saxon frowned at him. “Of course I am.”

“If you were guilty, you wouldn't have gone near Emily. You would have wanted to hide your face from her. Do you have any idea of the motive behind this frame?”

Saxon shook his head. “Not the slightest.”

“Hmm. You want me to handle the legal end of this?”

“That's why I'm here. You're a lawyer, and I certainly need one.”

“Okay. You say Arn Kettle's going to push for the lowest possible bail?”

“He implied that.”

“Then you forget everything until tomorrow morning,” Foley said. “I'll arrange professional bond. I'll meet you at headquarters at nine
A.M
.”

chapter 10

Saxon didn't feel like a lonely lunch at home, but neither did he care to patronize a local restaurant where he would run into people he knew. It had stopped snowing during the night and plows had already cleared the main roads, so he drove thirty miles to a roadhouse on the outskirts of Rigby and lunched there. Afterward he watched television in the road-house bar.

Because Emily had worked until 7
A.M
. and usually slept until 3
P.M
. when she was on the third shift, Saxon didn't disturb her until the late afternoon. It was almost four when he arrived at her apartment. He had timed it correctly, for she told him she had just finished showering and dressing.

“Where's Julie?” he asked as he removed his hat and coat.

“She's on three to eleven this week. As a matter of fact, I'm her relief. What did Arn Kettle have to say?”

Sinking into the center of the sofa, he stretched out his long legs and glumly regarded his toes. “I'm to be booked and have a preliminary hearing tomorrow morning. Meantime he's trusting me not to run.”

“Will they put you in jail, Ted?”

“Not unless I'm convicted. And the trial may not come up for months. There seems to be a general reluctance to jail the chief of police. I've retained Ben Foley as my lawyer.”

“Oh, I'm glad,” she said. “He's not only good; he's nice.”

“I chose him primarily for the first reason,” Saxon said dryly. “Incidentally, he believes in my innocence.”

“I told you he was nice.”

“It isn't just blind faith. He reasoned it out. He thinks if I were guilty, I wouldn't have run to you for sympathy the minute I got away from headquarters. He says I wouldn't have been able to face you.”

After contemplating this, she said, “I suppose he has a point, but I wouldn't have believed you did it even if you had avoided me. I'd figure you were just embarrassed by the charge, not by guilt.”

“Boy, are you prejudiced,” he said with a grin. “We'll try to get you on the jury. Have you had anything to eat?”

“Toast and coffee when I got up at three. I'm not hungry, but I'll fix you something.”

“I had lunch,” he said. “I was going to offer to take you out for some. It isn't snowing and the sun's shining. Or was.”

“Maybe later on,” she said. “Would you like a beer?”

“That sounds good.”

As she moved into the kitchen, he walked over to turn on the TV set. Channel 4 was broadcasting the Rose Bowl game, which, because of the three-hour time difference, was just about to start. A marching band filled the screen. Then the station cut in on the preliminary features of the game to give its regular five-minute summary of the four-o'clock news.

At that moment Emily brought in two bottles of beer.

The newscaster turned to local news. The first item was:

A one-car accident at Halfway Creek on Route Twenty just southwest of Buffalo claimed the life of one person and caused minor injuries to another early this morning. Instantly killed when the car driven by Sergeant Harry Morrison of the Buffalo Police Force skidded on snow and went over a twenty-foot bank was alleged murderess Grace Emmet, who was being transported in handcuffs from Erie, Pennsylvania to Buffalo by the police officer. Thrown from the car as it went over the bank, Sergeant Morrison suffered superficial bruises. He was treated for minor injuries at Meyer Memorial Hospital and released. The accident occurred at about 1:45
A.M
.

The dead woman, wanted for the month-old murder of Buffalo industrialist Michael Factor, had been picked up by Erie police on December 30 and had waived extradition to New York. Sergeant Morrison was bringing her back to face the murder charge.

Saxon lost all interest in the football game. As the newscaster went on to another local item, he set his beer bottle on the floor, rose, and switched off the set. Crossing to the phone, he dialed Ben Foley's home number.

Alice answered. Saxon asked for her husband.

When the lawyer came on, Saxon said, “Did you happen to hear the newscast just now?”

“I heard it on the two
P.M
. news,” Foley said. “I imagine it's been on all day, but who turns on TV New Year's morning? I tried to phone you, but there was no answer.”

“I haven't been home,” Saxon said. “How's this affect matters?”

“With the alleged victim dead, I'd say it pretty well kills the charge against you. We'll see in the morning, though. Kettle may insist on pushing it on the basis of the two living witnesses' testimony.”

“I see We still meet at nine
A.M
., then?”

“That's right. But I don't think I'll bother with a bondsman. If things get to that point, we can always phone Jimmy Good and tell him to hustle over.”

“Okay,” Saxon said. “See you in the morning.”

When he hung up, Emily asked, “What did he say?”

“He thinks this will kill the charge. I'm sorry it happened, though.”

“Why?” Emily asked in surprise. “The woman was a murderess and she did this terrible thing to you. I can't feel any sympathy for her.”

“I wasn't thinking about her. But now she can never retract her charge. I wanted a public admission from her that she lied.”

“Oh,” Emily said. “I hadn't thought of that. Now how will we ever prove it?”